Regardless of context — be it contractual negotiations, performance or litigation — counsel practicing outside of Quebec should always be careful when interpreting a contract that is governed and construed in accordance with Quebec law.
Published in Issue Archive
The state of litigation privilege after BlankTen years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.
Published in Issue Archive
Should retainer agreements include fee arbitration clauses?Canadian in-house counsel often enjoy trusting relationships with their external counsel. When the two enter into a retainer agreement, neither party is generally worried the deal will end in a litigious fracas.
Published in Issue Archive
‘I think hospitals in Ontario really do have to pay attention to this case and its implications,’ says Elyse Sunshine.
‘I think hospitals in Ontario really do have to pay attention to this case and its implications,’ says Elyse Sunshine.
As the flu season approaches, hospitals in Ontario have a new decision to ponder from an arbitrator who says a policy of “vaccine or mask” for nurses was contrary to the Ontario Nurses’ Association collective agreement because it was unreasonable.
Published in Latest News
Monday, 03 August 2015 08:00

Controversy dogs family med-arb

Illustration: Jeannie Phan
Illustration: Jeannie Phan
Gary Joseph says some years ago, he dodged a legal bullet. He was sitting in a breakout room with a family law client. A mediator-arbitrator would come in to talk to them before going to another room to speak to the other party in a process similar to shuttle diplomacy. “The mediator came into our room and he began talking about the evidence that we have and our expert report and [started] making some negative comments about the expertise of our expert and some other things that our expert did,” Joseph recalls. “When he left the room, my client turned to me with just daggers in his or her eyes and said, ‘What have you done to me? How could this person possibly be fair to me after telling me that my expert report has 16 different holes in it?’”
Published in Features
Monday, 08 April 2013 08:00

Hot competition - Part 2

Hot competition - Part 2This article is a continuation of 'Hot competition' from the April 2013 issue of Canadian Lawyer magazine.
Click here to read part 1.
Published in Boutique Firm Rankings
Monday, 25 March 2013 11:22

Bracing for the pension time bomb

Photo: Pierre Charbonneau
Photo: Pierre Charbonneau
Fred Headon and the in-house labour law team at Air Canada have learned more about pension law in the last 18 months than most lawyers will learn in a career. Over the last decade, Canada’s national airline has been steadily hit with a series of economic hardships — from the New York terrorist attacks in 2001 to the SARS crisis in 2003 and the credit crunch in 2008 — which decimated air travel and led to a series of restructurings.
Published in InHouse Cover Story
Monday, 25 February 2013 07:54

The pros & cons of . . .

Practising in Regina, elder law, in southern Ontario, arbitration
Published in Issue Archive
Monday, 15 October 2012 09:00

The adventures of a first-year in London

The adventures of a first-year in LondonI drank an alarming amount of tea during my first year as a lawyer — two cups in the morning, sometimes three in the afternoon. I went from never having had a cup of tea in 28 years to developing a serious addiction. This was due to spending my first year as a lawyer somewhat differently than most of my 2011 call counterparts — I spent the year in London, England working for barristers as a Fox Scholar.
Published in Web exclusive content
An arbitration board has upheld the decision by the Calgary Fire Department to temporarily suspend and demote a captain. Photo: Shutterstock
An arbitration board has upheld the decision by the Calgary Fire Department to temporarily suspend and demote a captain. Photo: Shutterstock
An arbitration board has upheld the decision by the Calgary Fire Department to temporarily suspend and demote a captain after he used an expletive to describe female members of the fire crew.
Published in Latest News
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